[WSBAPT] TEDRA for Dissolution of Trust

[David Faber]

(C)lient has power of attorney for (M)other. M and C's deceased (F)ather
created a revocable living trust decades ago. C cannot find any
documentation of the trust, nor do we have any idea which attorney created
the trust. Instead, all we know is that the trust holds title to mineral
rights in Texas. In speaking with a Texas attorney, it became clear that
our only option is likely to bring action here in Washington State to have
the old trust dissolved and directing disposition of the trust assets to M
under the theory that, to the best of our knowledge, the trust was
revocable following F's death, all property of the trust was community
property, and we have no other means of determining whether other
interested parties exist. C's siblings would join in the action.

I have yet to bring any action to dissolve a trust for which no
documentation can be found, but my presumption is that our easiest means
would be to file an agreed TEDRA action under F's estate making the above
allegations and having all of F's living issue and C as M's POA sign, then
having the Court enter an order finding that the trust is dissolved and
title conveyed to M. I want to double-check my thought process before
pouring effort into this course of action, though. Any thoughts are
helpful. Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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